WEST+VIRGINIA+STATE+BOARD+OF+EDUCATION+v.+BARNETTE

West Virginia State Board of Education v. Barnette On Appeal from the District Court of the US for the Southern District of West Virginia Argued: March 11, 1943 Decided: June 14, 1943

Background: Legislature in West Virginia amended statues of a previous decision to require all schools conduct courses in history, civics and the US Constitutions and of the State. This amendment made is the duty of private schools to coincide with the teachings of public schools. An objection, brought upon by the Parent and Teachers Association, the Boy and Girl Scouts, the Red Cross and the Federation of Women’s Clubs stated that the requirement to salute the Nation’s flag resembled Hitler’s’ rules. Modifications were made, but it is now required for a ‘stiff-arm’ salute, right hand raised and repeating the Pledge of Allegiance. An appeal was brought to the Court because this is unlawful to enforce again Jehovah’s Witnesses. These people argued that this was a clear denial of their religious freedom, freedom of speech and violates the 14th Amendment.

Decision and Rationale: The court eventually sided with the Jehovah’s Witnesses in stating that no child is to be forced to salute the American flag and say the Pledge of Allegiance in school

Impact on Education: As an American, I think that saluting the flag is not necessarily saying that I honor the flag in such a way the it resembles God, rather that I am showing honor for this country in which we live. I do understand that some religions do not agree with my feelings and I must respect those decisions of my students.

Quiz Question: What do the 1st and 14th Amendments state that helped in the decision of this case?

Submitted by Jenna Bass

**By: David Boeck **  **WEST VIRGINIA STATE BOARD OF EDUCATION et al. v. BARNETTE et al. No. 591.

Argued March 11, 1943. Decided June 14, 1943. **  **Summary: ** **West Virginia enacted legislation requiring the instruction of history (of the U.S.A., and West Virginia) to be completed in all schools, both public and private. The legislation was further instrumental in the requirement of salutation to the flag of The United States of America and all other proper honors given to the national symbol. The legislation was objected by both an individual citizen acting on its children’s behalf, as well as several groups of citizens and an appeal was filed in response to those objections. The 14th amendment was used to object the legislation. The rejection of the flag salute and other national respects was punishable by civil and criminal codes. ** **Rationale and decision: ** **The court ruled against the State (W. Virginia) on the basis that this issue had arisen three (3) times prior and was struck down in each case on the basis that the required salute and respect of the national symbol was not required to make a citizen a citizen. It infringed upon the individual rights of (freedom of religion) some religious groups and therefore was unconstitutional. ** **School Impact:  ** **This will allow some children to be disruptive to a solemn exercise by those who respect and believe in their flag and nation. It will lead to some number of children ostracized by participating majority and making them feel like they are less than other children. **